By Conley                                             H.B. No. 2819
       74R6575 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring an environmental consultant to report soil or
    1-3  water toxicity; providing criminal penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 361, Health and Safety Code, is amended
    1-6  by adding Subchapter S to read as follows:
    1-7             SUBCHAPTER S.  GENERAL REPORTING REQUIREMENTS
    1-8        Sec. 361.561.  ENVIRONMENTAL CONSULTANT REPORT REQUIRED.  (a)
    1-9  A person who performs an environmental consultation for another
   1-10  person to assess or survey a site for soil contamination or to
   1-11  assess or survey a process to determine whether the process may
   1-12  cause soil contamination shall report to the commission any finding
   1-13  the person performing the consultation makes regarding
   1-14  contamination of soil or surface water or groundwater by a toxic
   1-15  material or pollutant or by a hazardous metal, material, substance,
   1-16  or waste, regardless of the contaminant detected or the source of
   1-17  the contamination, that exceeds a standard or criterion adopted by
   1-18  the commission for soil or water quality.
   1-19        (b)  The report must identify the location of the
   1-20  contamination and the contaminants found. A person required to
   1-21  report under this section is not required to reveal for whom the
   1-22  person performed the assessment or survey.
   1-23        (c)  A person commits an offense if the person fails to
   1-24  report soil or water contamination as required by this section.
    2-1        (d)  An offense under this section is a misdemeanor
    2-2  punishable by a fine of not less than $1,000 or more than $100,000.
    2-3        SECTION 2.  Chapter 26, Water Code, is amended by adding
    2-4  Subchapter K to read as follows:
    2-5             SUBCHAPTER K.  GENERAL REPORTING REQUIREMENTS
    2-6        Sec. 26.421.  ENVIRONMENTAL CONSULTANT REPORT REQUIRED.  (a)
    2-7  A person who performs an environmental consultation for another
    2-8  person to assess or survey a site for surface water or groundwater
    2-9  contamination or to assess or survey a process to determine whether
   2-10  the process may cause water contamination shall report to the
   2-11  commission any finding the person performing the consultation makes
   2-12  regarding contamination of soil or surface water or groundwater by
   2-13  a toxic material or pollutant or by a hazardous metal, material,
   2-14  substance, or waste, regardless of the contaminant detected or the
   2-15  source of the contamination, that exceeds a standard or criterion
   2-16  adopted by the commission for soil or water quality.
   2-17        (b)  The report must identify the location of the
   2-18  contamination and the contaminants found.  A person required to
   2-19  report under this section is not required to reveal for whom the
   2-20  person performed the assessment or survey.
   2-21        (c)  A person commits an offense if the person fails to
   2-22  report soil or water contamination as required by this section.
   2-23        (d)  An offense under this section is a misdemeanor
   2-24  punishable by a fine of not less than $1,000 or more than $100,000.
   2-25        SECTION 3.  Section 361.561, Health and Safety Code, and
   2-26  Section 26.421, Water Code, as added by this Act, apply only to a
   2-27  person who, as a part of a consultation, assessment, or survey,
    3-1  makes a finding regarding soil or water contamination on or after
    3-2  the effective date of this Act.
    3-3        SECTION 4.  This Act takes effect September 1, 1995.
    3-4        SECTION 5.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.